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Admiralty Research Guide

Admiralty, or maritime law, is the private law of navigation and shipping and covers inland as well as marine waters. It is the entire body of laws, rules, legal concepts and procedures that relate to the use of marine resources, ocean commerce, and navigation. Maritime law was shaped by the practical needs of those countries bordering the Mediterranean Sea involved in maritime commerce, the roots of which are traced as far back as 900 B.C. Usually, the need was for legal solutions that had no application on land, therefore, as medieval codes began to emerge in port cities and states of Europe, the customs of mariners and merchants played a large part in the development of maritime laws. These early codes and customary law practices served to shape the current U. S. maritime law. The contracts, torts, offenses or injuries which are results of involvement in sea navigation or commerce make up this unique body of law.

The term, admiralty, specifically refers to the British courts in England and the American colonies, separate courts that traditionally exercised jurisdiction over all regulations and handling of disputes relating to sea navigation and commerce. The American courts in practice adopted English law and procedure, but chose early on to include national subject matter jurisdiction. The American colonies, after the Revolution provided, through the Judiciary Act of 1789 and Article III § 2 of the U.S. Constitution exclusive jurisdiction to the federal district courts over admiralty and maritime matters. The U.S. Congress regulates admiralty through the Commerce Clause, and provides national uniform rules which prevail in admiralty claims in national or international shipping and commerce.

The admiralty courts have limited jurisdiction but have remained a separate entity. They have expanded to include all activities on both the high seas and navigable waters. Admiralty jurisdiction is absolute in admiralty claims, and states cannot impose on this power, either through legislation or in the courts. The "saving to suitors" clause, of 28 U.S.C.A. § 1333(1) allows state courts to hear admiralty and maritime cases when the matter is a local one. The state court, even though it is the chosen venue to hear the case, must apply the federal law of admiralty to the admiralty claim,. When no federal statute is applicable, the uniform laws set up by the U.S. Supreme Court must be used, whether in federal or state court. If neither the statute nor the uniform law is applicable, the court may adopt the state law as the appropriate rule of decision. This is known as "maritime but local" approach in maritime law.

Much of U.S. maritime law has evolved through international maritime law in concert with maritime laws of other countries. Federal statutes dealing with maritime issues have been customized, with a basis coming from international treaties and resolutions.

The Admiralty and Maritime Law Guide, a comprehensive Internet resource guide, through the WWW Virtual Library, has detailed and current information, with links to admiralty resources, case digests and international conventions.Other research guides can be found at Washlaw and Cornell LII websites. The following references have links to these guides.

Venue is the important consideration in any dispute involving maritime issues. Maritime precedents govern when cases involve water commerce, or commercial activity on navigable waters. Admiralty courts govern according to the country flag the ship is flying. If an American ship is in foreign waters, and a dispute occurs, the American admiralty law is the one applicable. American courts may refuse jurisdiction if the case involves applying the law of another country. International law, however, does seek to provide uniformity in admiralty law.

The international law of the sea, distinguished from admiralty and maritime law, has become much more important in the last century. Rules regarding the use and control of the sea and its resources, with the goal of preservation, have become more standardized. The United Nations organizes and prepares international rules governing the world's waters through such branches as the International Maritime Organization , dealing with maritime safety, prevention of pollution from ships and related subjects; and the International Labor Organization, the latter dealing with conventions on the health, safety and well-being of maritime workers.

A variety of sources which focus on shipping laws and maritime claims, the focus being Great Britain and the European Community. The books are located in different subject area sections-e.g. K, KD, KJE

Part of the nutshell series, it provides a concise overview of American maritime law. It gives important cases dealing with most topics concerning use of the seas and navigable waters.KF 1105 .M34 2001

Jurisdiction and the responsibilities of the flag state in maritime law disputes are covered. The role of the IMO is discussed concerning safety in international waters and environmental policies at sea.K 4157 .P36 1999

A biweekly, looseleaf service, it includes analysis of health and safety issues in the maritime industry. Along with statutes, rules and regulations, the decisions of the administrative law judge, Board opinions and their review in the federal courts.KF 3613.4 .B45

An English case reporter, published monthly, it is focused on English decisions, but does include cases the Commonwealth, Scotland and the United States. The Lloyd's Law Reports Consolidated Subject Index, 1919-1991, is used as a companion to the reports.KD 1815 .A2 L5

A biweekly looseleaf service, it gives both statutory and regulatory materials along with legislative histories. It also has policy and rules of the Maritime Administration as they appear in the C.F.R.KF 1105 .P5

A looseleaf service which encompasses all of the areas of U.S. legal research. Admiralty and Maritime Law is covered in Chapter 7. It includes general resources as well as guides for the following areas: Collision and Shipowner Liability, Marine Insurance, Maritime Claims, Marine Transportation and Carriage by Water, Personal Injury and Wrongful Death, Salvage, Towage and Pilotage, and Marine Pollution.REF KF 240 .S69 200